In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Death in the Greek World: From Homer to the Classical Age by Maria Serena MirtoJoseph W. DayMaria Serena Mirto. Death in the Greek World: From Homer to the Classical Age. Trans. by A. M. Osborne. Oklahoma Series in Classical Culture 44 Norman: University of Oklahoma Press, 2012. x + 197 pp. 10 black-and-white figs. Paper, $19.95.Mirto (with Osborne) has given us a readable book on a topic of (...) perennial interest, full of learning but unencumbered by the development of a comprehensive argument with full scholarly apparatus (there are no footnotes or endnotes). I devoured it on a couple of airplane rides, during which its intelligent presentation thoroughly distracted me from my physical discomfort. The book provided a clear and concise review of important topics which I have not studied intensely for years, and it initiated me into recent trends and made me thirsty to approach its suggestions for further reading—while avoiding the spring by the white cypress, of course.The volume is an expansion and updating, as well as a translation, of the Italian original, La morte nel mondo greco (Rome 2007). Much scholarship from 2007 and later is cited, especially in discussions of Dionysian and “Orphic” material (chap. 2). Important additions are a useful section on the confusing (to the uninitiated) topic of hero cults and “an appendix outlining fundamental developments in modern studies of death in the Greek world” (x). The latter traces an interesting journey through the history of mentalities from R. Hertz (Durkheim’s student), through E. de Martino and P. Ariès, on to C. Sourvinou-Inwood’s disagreement with I. Morris about change and stability in early Greek attitudes toward death.Mirto articulates her goal in the preface as “a general synthesis of people’s relationships with death in the Greek world... [a] survey of the ways in which archaic and classical Greek culture dealt with the trauma of death” (ix). One does not judge such a book on its original interpretations and scholarly arguments; other criteria apply. For example, how comprehensive (or representative) is the selection of topics, approaches, and examples? How useful (or user-friendly) is the selection, especially for the audience to which it is addressed?At the level of overall structure, Mirto scores high for comprehensiveness. Any treatment of Greek death must devote major attention to the three topics she announces : (1) “beliefs about the afterlife, on the boundary between literary imagination and religious faith”; (2) “funerary rituals and material evidence of the cult of the dead”; (3) “ideologies... that construct an ideal model of death, making it an acceptable, perhaps even desirable, event” (ix). Chapter 1 on traditional views, mostly derived from Homer (also treated in chap. 5.1), commences Mirto’s discussion of the first topic, which is continued in chapter 2 on more [End Page 337] optimistic eschatologies, especially those associated with Dionysus and Orpheus. The second topic is treated in chapters 3 (on death, mourning, and last rites) and 4 (on markers, epitaphs, and tomb and hero cult). Chapter 5 is devoted to the third topic, with particular attention to the development of the polis and Athens’ patrios nomos and funerary legislation. R. Garland’s widely used survey (The Greek Way of Death [Ithaca 1985], 2d ed. 2001) covers much the same ground, though that book’s feel is quite different. Garland provides a richness of source and scholarly citations that Mirto eschews; for example, Garland devotes twenty-three pages (chap. 7 and its dense endnotes) to visits to the grave, while Mirto barely touches on the matter.At the level of specifics, Mirto’s comprehensiveness is uneven. Reflecting her expertise in archaic and classical poetry, as well as her engagement with the history of mentalities, discussions of literature and some sub-literary textual material are excellent, while she is less full but still useful on iconography (especially that of white-ground lekythoi and sculpture) and polis regulations. Perceptions of comprehensiveness, of course, will vary among readers. Because of gaps in my knowledge, I learned most from Mirto’s presentation of Dionysian and “Orphic” material: the gold lamellae, the Olbia bones, the Derveni papyrus (chap. 2, with the... (shrink)

The chorus¿ depiction of Ares as a ¿gold-changer of bodies¿ and trader in precious metals underscores the increased intersection of finances and war in fifth-century Athens. The metaphor¿s details point to three contemporary developments (in addition to the patrios nomos allusion noted by Fraenkel): the increased conscription of citizens, the institution of pay for military service, and the payment of financial support for war orphans. And as leader of the Delian League, Athens itself resembled the war-god, establishing equivalents (...) between men and money, and profiting from its acceptance of tribute payments in a variety of currencies. Taken together, the metaphor¿s contemporary dimensions probably had an unsettling effect on the Athenian audience. (shrink)

Thucydides’ account of the Athenian war dead creates a false image of a clean and efficient, systematic processing of the dead. To look beyond his description it is necessary to assess the practicalities involved in the process. In so doing, it has been necessary to reassess our own historical models. The logistics of identifying the dead accurately, combined with the amount of wood necessary to offer a complete cremation for hundreds of bodies, brings into question the notion that the war (...) dead were cremated by tribe and kept separate up to their public burial. Similarly the notion of ash or bone returning to Athens is too clean, so use of the term “cremains” is proposed to offer an accurate terminology and bring ancient history in line with archaeological practices. When the practicalities and logistics involved in the processing of the dead are considered, some significant issues are raised concerning not only our own presumptions, but also the narrative that Thucydides himself offers. (shrink)

This essay explores the treatment of the relation between nature (phusis) and norm or convention (nomos) in Democritus and in certain Platonic dialogues. In his physical theory Democritus draws a sharp contrast between the real nature of things and their representation via human conventions, but in his political and ethical theory he maintains that moral conventions are grounded in the reality of human nature. Plato builds on that insight in the account of the nature of morality in the myth (...) in the Protagoras. That provides material for a defense of morality against the attacks by Callicles in the Gorgias and Thrasymachus and Glaucon in the Republic, all of whom seek to use the nature-convention contrast to devalue morality. (shrink)

The paper examines the introduction of the so-called professor’s privilege in Sweden in the 1940s and shows how this legal principle for university patents emerged out of reforms of techno-science and the patent law around World War II. These political processes prompted questions concerning the nature and functions of university research: How is academic science different than other forms of knowledge production? What are the contributions of universities for economy and welfare? Who is the rightful owner of scientific findings? Is (...) academic science “work”? By following the introduction of the professor’s privilege, the paper shows how spokespersons for the academic profession addressed such questions and contributed to a new definition of university science through boundary-setting, normative descriptions, and by producing symbolic relationships between science and the economy. The totality of those positions is here referred to as a “nomos” – that is: a generic and durable set of seemingly axiomatic claims about universities. This Swedish nomos, as it took shape in the 1940s, amalgamated classical notions of academic science as exceptional and autonomous with emerging ideas of inventiveness and close connections between academics and business. Crucially, though, the academic-industrial relations embedded in this nomos were private and individual, thus in sharp conflict with the ideas of entrepreneurial universities evolving globally by the end of the 20th century. (shrink)

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the (...) ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

In the Middle Ages, the idea of legislative sovereignty was expressed with reference to a host of commonplace arguments, such as pater legis, Sol Iustitiae, or lex animata. And many believe that it was the Roman legal concept of animate law which eventually laid the foundation for the elaboration of the idea of absolute power in the late Middle Ages. If this hypothesis is correct, the philosophic background of some late medieval and early modern absolutistic doctrines of political government could (...) be sought after as early as the classical Greek descriptions of a king who is nomos empsychos, that is, a living law. In this article, I intend to consider this intellectual tradition, and raise some doubts about the merits of the above claim, arguing instead for a separate consideration of the individual sources of the nomos empsychos concept. As such, I am tracing the genealogy of the expression to the fifth-century Pythagorean, Archytas of Tarentum, and I am demonstrating that originally the nomos empsychos was inseparably associated with an intrinsically Archytean tradition. (shrink)

The issues of just what laws of nature are and what makes statements law-like have been more discussed than advanced. After exploring the general area and uncovering some difficulties which, I suspect, make the case even knottier than generally imagined, I argue that certain resources available only to the theist---in particular, counterfactuals of God’s freedom---may provide the materials needed for constructing solutions.

The article aims to challenge the narrative on modernity, which was presented by Carl Schmitt in his book The Nomos of the Earth. The publication of Polish translation of this classic book is a good opportunity to re-think the conditions of possibility of Schmitt’s philosophical and geopolitical discourse. The German jurist described the formation of Eurocentric and stato-centric global order (nomos) in a way, that delegitimized the practices of resistance as unlawful (anomos). The author proposes – following Gilles (...) Deleuze and Félix Guattari – to re-interpret the terms nomos and anomos in order to present anomos in positive way, as a potentiality to form an alternative political order. In conclusion the author tries to convince that the order of anomos is based upon the development of the commons and its contemporary manifestations express themselves in the practices of social movements, which disturb linear vision of history. (shrink)

Toleration has a rich tradition in Western political philosophy. It is, after all, one of the defining topics of political philosophy—historically pivotal in the development of modern liberalism, prominent in the writings of such canonical figures as John Locke and John Stuart Mill, and central to our understanding of the idea of a society in which individuals have the right to live their own lives by their own values, left alone by the state so long as they respect the similar (...) interests of others. -/- Toleration and Its Limits, the latest addition to the NOMOS series, explores the philosophical nuances of the concept of toleration and its scope in contemporary liberal democratic societies. Editors Melissa S. Williams and Jeremy Waldron carefully compiled essays that address the tradition's key historical figures; its role in the development and evolution of Western political theory; its relation to morality, liberalism, and identity; and its limits and dangers. -/- Contributors: Lawrence A. Alexander, Kathryn Abrams, Wendy Brown, Ingrid Creppell, Noah Feldman, Rainer Forst, David Heyd, Glyn Morgan, Glen Newey, Michael A. Rosenthal, Andrew Sabl, Steven D. Smith, and Alex Tuckness. (shrink)

This essay, following an existing train of scholarship working to make sense of the Platonic connection to Utopia, argues for nomos as a useful angle in furthering this understanding. Raphael's approach to politics combines with the Utopian social system to suggest a highly Platonic vision of nomos, whereby social norms are absorbed into an essentialized nature, stripped of all arbitrariness and therefore, ostensibly, perfectly rational. The result is a sterile regime that fails to acknowledge the whimsical elements necessary (...) to the human soul and therefore also necessary to actual human societies. (shrink)

El presente artículo tiene por objeto analizar la figura de los demagogoí en Política de Aristóteles y cómo éstos se relacionan con la democracia. Un estudio de la descripción de dicho vínculo no puede soslayar el peso que tienen los nómoi y los psephísmata. Si bien nos enfocaremos en los libros IV y V, tendremos en cuenta la totalidad de la obra. Nuestra hipótesis es que es posible reconocer una connotación peyorativa en el campo léxico que se mantiene incluso en (...) los pasajes en donde la crítica ha visto un sentido neutro en dichas palabras. (shrink)

A partire dal commento ad una sentenza sul problema della discriminazione razziale in una scuola privata, Cover presenta una teoria del pluralismo normativo fondata sulla distinzione fra autorità e significato. A tale dicotomia è dovuta la “proliferazione” dei mondi normativi e delle interpretazioni costituzionali. L’autore descrive i processi di formazione dei significati giuridici – la cosiddetta “giusgenesi” – ed offre una teoria della giurisdizione adatta ad un universo giuridico connotato da un radicale pluralismo. Così facendo, Cover intende mettere in luce (...) il potenziale trasformativo del diritto e in particolare del costituzionalismo. (shrink)

The three central themes underlying this issue of Theoretical Inquiries in Law—the privatization of law model, the legal pluralism paradigm, and multiculturalism — are united in their shared opposition, be it descriptive or normative, to the monopolistic concentration of law production power in the hands of the state. The three models focus on dispersion of the social ordering function amongst non-state agents. They advocate the claim that the state has not succeeded at securing a monopoly over law and/or should not (...) secure a monopoly over law. On the policy front, as well, protagonists of the privatization of law model, scholars of the legal pluralism paradigm and writers in the multiculturalism tradition often unite in their plea for recognition of tribal courts or the expansion of the lawmaking capacity of local governments. However, despite their shared underlying assumption that the centralist state law model lacks normative appeal, these three bodies of research diverge significantly. The differences between them have been marginalized in the debate, because each of these models has essentially concentrated on conducting the dialogue with the state law model. Thus far, these models have been solely occupied with taking a particular stance against the centralization model of state law, and have failed to engage in any debate amongst themselves as representatives of alternative legal decentralization schemes. This Article attempts to partially fill the void, by pitting the multiculturalism model of legal decentralization against the privatization model. It will show that the differences in both models’ legal decentralization visions derive from conflicting ontological premises regarding law, community, social life, and the human subject. These theoretical distinctions, which will be drawn between the two decentralization models, have great bearing when considering the social units that ought to supplant the state in its lawmaking capacity. (shrink)

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

El reto de la sofística obligó a Platón a afirmar el juego recíproco de Nomos y Logos, de ley y medida, para poder sostener debidamente la ilustración de la comunidad política en su intercambio retórico constante. La sofística demostró que el Nomos absoluto no existe y que son los hombres quienes tienen que forjarlo. Sobre la racionalidad de la retórica se erigió la sofística, cuyo objetivo fue ganar ilustración para las decisiones públicas. Retórica y sofística ven correctamente que (...) la acción política razonable está mediatizada por el lenguaje, pero caen en un error al asumir el Logos como mero instrumento o estrategia individuales, pues ello hace estallar la comunidad política. El saber como dialéctica es una respuesta de Platón a la lucha de opiniones que practican los sofistas. El saber es saber en la opinión, reflexión inmanente a la praxis, siempre abierta a la corrección. (shrink)

O presente texto, cujo título é “O campo como nómos biopolítico da modernidade e a figura do muçulmano” tem por objetivo geral examinar a noção de campo como nómos biopolítico presente na modernidade, segundo as afirmações da obra de Giorgio Agamben, destacando a figura do muçulmano como seu habitante e como um paradigma da vida nua em oposição à forma-de-vida. Para que se possa realizar o objetivo proposto, iniciamos com a abordagem dos conceitos de vida nua e de biopolítica em (...) Agamben, indicando alguns de seus interlocutores, tais como Michel Foucault e Hannah Arendt. Em seguida, analisamos o conceito de campo, que caracteriza o Estado de exceção permanente na modernidade, e a figura do mulçumano, no interior dele. Por último, apresentamos breves considerações acerca da enigmática noção de forma-de-vida, com hífen, enquanto oposta a vida nua, na medida em que uma torna inoperante a politização da vida, a biopolítica. (shrink)

Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and (...) its implications for social and political life in modern societies. -/- The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. -/- Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs. (shrink)

Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. (...) This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series. (shrink)

Today’s globalization is merely a technical, in other words economic, military, information technology-based scientific embodiment of the unfathomable universality of human beings. The text therefore first sketches out a few profiles of philosophical universal proposals and a few ancient voices of the historians. Against this backdrop, the text explains an initial greater-space theory of Franz Rosenzweig and after this the diagnosis of the contemporary globalization process, which we owe to Joachim Ritter. Finally, the text presents a counter-concept of Carl Schmitt (...) that proceeded Ritter’s diagnosis by only a few years. (shrink)

La Ley de la Mujer discutida en el libro V de la República, conocida como la primera ola, es un ejemplo notorio de la intención reformista de Sócrates de lograr justicia en la pólis. La legislación de la mujer, en general, históricamente ha sido relegada por los intérpretes de la República. El objeto del artículo es analizar este pasaje, del 449a al 457c, a través de los argumentos propuestos por Sócrates al considerarlos cruciales para concebir la igualdad entre los sexos (...) y favorecer el cambio institucional según su naturaleza, katà phýsin, dejando espacio para que las mujeres gobiernen la pólis. Antes de partir hacia el enfrentamiento externo, Sócrates considera urgente que sus interlocutores, Adimanto, Glaucón y Polemarco, estén de acuerdo entre ellos. Así, los insta a iniciar la discusión cuestionando la naturaleza humana de la mujer y su capacidad para las mismas funciones que desempeñan los hombres en la ciudad. El examen de lo inteligible permitió que el lógos sobre la capacidad intelectual de las mujeres respaldara una legislación adecuada. Este nómos puesto en práctica demuestra ser lo mejor para la ciudad y sus guardianes. En esa medida, Sócrates puede concluir dicha investigación con un consenso sobre qué hacer y la voluntad de confrontar urgentemente las opiniones opuestas en la ciudad. (shrink)